S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3415--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sens.  MARTINEZ, BIAGGI, BOYLE, KRUEGER, TEDISCO -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Domestic  Animal  Welfare -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN ACT to amend the social services law, in relation to the reporting of
   animal cruelty
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 412 of the social services law is amended by adding
 two new subdivisions 10 and 11 to read as follows:
   10. "ANIMAL" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION ONE
 OF SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
   11. "CRUELTY" SHALL HAVE THE SAME MEANING AS  DEFINED  IN  SUBDIVISION
 TWO OF SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
   §  2.    Section 413 of the social services law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A.   NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY
 IMPOSING  A DUTY OF CONFIDENTIALITY, ANY PERSON SUBJECT TO THE REPORTING
 REQUIREMENTS OF THIS TITLE MAY REPORT OR CAUSE A REPORT TO  BE  MADE  IN
 ACCORDANCE  WITH THIS TITLE WHEN, AS A RESULT OF PERFORMING SUCH DUTIES,
 SUCH PERSON HAS REASONABLE CAUSE TO SUSPECT THAT ANIMAL CRUELTY HAS BEEN
 CAUSED BY A PERSON ALSO SUSPECTED OF ABUSE OR MALTREATMENT OF A CHILD.
   § 3. Section 414 of the social services law, as added by chapter  1039
 of the laws of 1973, is amended to read as follows:
   §  414.  Any person permitted to report.  In addition to those persons
 and officials required to report suspected child abuse or  maltreatment,
 OR  ANIMAL  CRUELTY  PURSUANT  TO  SECTION  FOUR HUNDRED FIFTEEN OF THIS
 TITLE, any person may make such a report if such person  has  reasonable
 cause  to suspect that a child is an abused or maltreated child OR IF AN
 ANIMAL HAS BEEN SUBJECT TO CRUELTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05034-03-9

 S. 3415--A                          2
 
   § 4. Section 415 of the social services law is amended by adding a new
 undesignated paragraph to read as follows:
   REPORTS  OF SUSPECTED ANIMAL CRUELTY MADE PURSUANT TO THIS TITLE SHALL
 BE MADE IMMEDIATELY BY TELEPHONE OR BY TELEPHONE FACSIMILE MACHINE. ORAL
 REPORTS SHALL BE FOLLOWED BY A  REPORT  IN  WRITING  WITHIN  FORTY-EIGHT
 HOURS  AFTER  SUCH  ORAL  REPORT. SUCH ORAL AND WRITTEN REPORTS SHALL BE
 MADE TO (A) ANY PEACE OFFICER OR AGENT OF A SOCIETY FOR  THE  PREVENTION
 OF  CRUELTY  TO  ANIMALS  AUTHORIZED  TO  LAWFULLY  INVESTIGATE  ACTS OF
 SUSPECTED ANIMAL CRUELTY PURSUANT TO SECTION THREE  HUNDRED  SEVENTY-ONE
 OF  THE  AGRICULTURE AND MARKETS LAW, AND WHOSE JURISDICTIONAL AUTHORITY
 INCLUDES  THE  MUNICIPALITY  IN  WHICH  SUCH  SUSPECTED  ANIMAL  CRUELTY
 OCCURRED;  OR  (B)  ANY  POLICE  OFFICER OR AGENT AUTHORIZED TO LAWFULLY
 INVESTIGATE ACTS OF SUSPECTED ANIMAL CRUELTY PURSUANT TO  ARTICLE  TWEN-
 TY-SIX  OF  THE  AGRICULTURE  AND  MARKETS LAW, AND WHOSE JURISDICTIONAL
 AUTHORITY INCLUDES THE  MUNICIPALITY  IN  WHICH  SUCH  SUSPECTED  ANIMAL
 CRUELTY  OCCURRED. FOR PURPOSES OF THIS PARAGRAPH, WRITTEN REPORTS SHALL
 DISCLOSE ONLY SUCH LIMITED CONFIDENTIAL INFORMATION AS IS NECESSARY  FOR
 SUCH  PEACE  OFFICER OR POLICE OFFICER TO IDENTIFY THE ANIMAL'S LOCATION
 AND STATUS BUT MAY INCLUDE THE FOLLOWING INFORMATION: A  DESCRIPTION  OF
 THE  ANIMAL;  THE  PRESENT  LOCATION OF THE ANIMAL; A DESCRIPTION OF THE
 INJURY, INCLUDING ANY EVIDENCE OF PRIOR INJURIES, CRUELTY TO SUCH ANIMAL
 OR TO OTHER ANIMALS; THE NAME AND  ADDRESS  OF  THE  PERSON  OR  PERSONS
 ALLEGED  TO BE RESPONSIBLE FOR CAUSING THE INJURY OR CRUELTY; THE SOURCE
 OF THE REPORT; THE NAME, ADDRESS AND  TELEPHONE  NUMBER  OF  THE  PERSON
 MAKING  THE  REPORT;  AND  ANY ACTION TAKEN BY THE REPORTING SOURCE WITH
 REGARD TO THE INJURY OR CRUEL TREATMENT OF SUCH ANIMAL. WRITTEN  REPORTS
 FROM  PERSONS  OR  OFFICIALS  REQUIRED  BY  THIS  TITLE TO REPORT MAY BE
 SUBMITTED ELECTRONICALLY AND SHALL  BE  ADMISSIBLE  IN  ANY  PROCEEDINGS
 RELATING TO ANIMAL CRUELTY.
   §  5. Section 419 of the social services law, as amended by chapter 12
 of the laws of 1996, is amended to read as follows:
   § 419. Immunity from liability.  Any person, official, or  institution
 participating  in  good  faith in the providing of a service pursuant to
 section four hundred twenty-four of this title, the making of a  report,
 the taking of photographs, the removal or keeping of a child pursuant to
 this  title,  REPORTING  ANIMAL  CRUELTY  PURSUANT TO THIS TITLE, or the
 disclosure of child protective services information in  compliance  with
 sections  twenty,  four hundred twenty-two and four hundred twenty-two-a
 of this chapter shall have immunity from any liability, civil or  crimi-
 nal,  that  might  otherwise  result  by reason of such actions. For the
 purpose of any proceeding, civil or criminal, the good faith of any such
 person, official, or institution required to report cases of child abuse
 or maltreatment or providing a service pursuant to section four  hundred
 twenty-four  or  the disclosure of child protective services information
 in compliance with sections twenty, four  hundred  twenty-two  and  four
 hundred  twenty-two-a  of  this chapter shall be presumed, provided such
 person, official or institution was acting in discharge of their  duties
 and  within  the  scope of their employment, and that such liability did
 not result from the willful  misconduct  or  gross  negligence  of  such
 person, official or institution.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.